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The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more
The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases.
First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter...more
The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd.,  O.J. No. 2120, is a good...more
United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now...more
On July 3, the DOJ announced the resolution of a multi-agency criminal investigation into the way a large mortgage company administered the federal Home Affordable Modification Program (HAMP). According to a Restitution and...more
After months of investigation the RCMP have criminally charged suspended Senator, Mike Duffy, with governmental fraud and bribery, and plenty of other no-no's relating to Senate expenses. And opposition leaders say Prime...more
The Sandy Hook massacre sparked a massive nationwide debate on gun laws. In New York, this resulted in the enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act). Under the new gun...more
On June 14, Ohio State Highway Patrol Troopers seized a ton of marijuana in Preble County. Actually, the exact amount police confiscated was 2,330 pounds. And while this is indeed a staggering amount of marijuana, it is only...more
Buzzing through the social media sphere yesterday was the story about how a proposed new bill would see potential whistleblowers facing up to 10 years in prison for leaks. So after lifting my jaw up off the floor, I thought...more
If you are an operator of a skilled nursing facility (SNF), you might have faced the reality of insufficient medical staff and how it impacts your ability to deliver quality patient care to your residents. Or, you might have...more
You may have noticed the Federal Energy Regulatory Commission (FERC) has received lots of heated criticism over its enforcement of alleged market manipulation and fraudulent behaviors. You may also have noticed FERC has not...more
Geauga County, home to the country’s second largest Amish population, is located only 30 miles outside of Cleveland. However, its culture and suburban setting do not protect it from the crime and corruption of the big city....more
On July 9, 2014, the U.S. Court of Appeals for the Second Circuit issued a significant sentencing decision in United States v. Park. In doing so, the appellate court handed the United States a rare, albeit hollow sentencing...more
Certainly, you could represent yourself when you face criminal charges. You could gather evidence to support your case and you could build your own defense. In fact, you could even stand before a judge and jury and argue your...more
FDIC RESTRICTS BANK’S CARD BUSINESSES PENDING BSA COMPLIANCE ENHANCEMENTS -
On June 5, the FDIC and a Delaware bank entered a consent order that prohibits the bank from entering into any new relationships with...more
The Mutual Legal Assistance in Criminal Matters Treaty (“MLAT”) is one way in which incriminating evidence in Canada can be shared with prosecutors in the United States ("U.S.").
It's a relatively slow week in the federal circuits.
My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in...more
Sergey Aleynikov fought the law, and the law lost—again.
Judge Ronald A. Zweibel of the New York Supreme Court has thrown out a raft of evidence originally gathered by the FBI for federal prosecution and later offered...more
The ongoing debate whether certain executives are “too big to jail” misses the most important trend in corporate governance – namely, that criminal conduct is rising in the C-Suite. Viewed from a broad perspective, since...more
Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more
Loveland, Ohio man Keith Blankenship was recently arrested after an elderly couple entrusted him with a blank check. Lila Mae Thomas and her husband wanted to purchase cheesecake, chicken and other assorted meats from...more
Criminal jurisdiction – trial and appellate – depends on several factors that vary with respect to particular cases. The result of this is that sometimes appeals of convictions that were imposed at the same trial can lead to...more
Last month, in Prousalis v. Moore (May 7, 2014), a criminal securities fraud case, the Fourth Circuit held that the Supreme Court’s interpretation of Rule 10b-5(b) in Janus Capital Group, Inc. v. First Derivative Traders...more
While financial institutions have long faced the possibility of civil monetary penalties and criminal prosecution for violations of the Bank Secrecy Act (“BSA”) and its implementing regulations, found at 31 C.F.R. Chapter X,...more
The US Court of Appeals for the Eleventh Circuit recently upheld convictions for defendants who engaged in an illegal pump-and-dump stock manipulation scheme. Defendants, who participated with seven others in a conspiracy to...more
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